Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
BMW Cup Holder Defect Class Action Lawsuit Overview
- Why: The plaintiff alleges that a cup holder defect allows liquid to leak onto wires for airbag control, which then renders the airbags defective.
- Who: A California company filed a class action lawsuit against BMW of North America, LLC.
- Where: The class action lawsuit was filed in California federal court.
A California company is suing BMW for failing to warn customers about and refund them for allegedly leaky cup holders. The defective cup holders leak spilled liquid onto wires for the SRS (airbag) control module, which is housed underneath the cup holders. The airbags then become defective and may even deploy.
The lead plaintiff is Brightk Consulting Inc., who bought a new 2020 BMW X7M501 in December 2019. The plaintiff brought the vehicle to two authorized dealers for repair on two occasions in 2021. The dealers did not repair the defect in those two visits nor has BMW provided any remedies to the plaintiff, according to the complaint. The plaintiff claims their vehicle continues to experience problems.
The plaintiff seeks to represent a California class and a national class that includes all individuals and entities who bought or leased, or will purchase or lease, a subject vehicle, on or after the date BMW placed the class vehicles into the stream of commerce. Anyone seeking damages for personal injuries or property damage resulting from the cup holder defect is excluded from this class action.
The complaint brings claims of fraud and deceit, breach of warranty and negligence, among others.
BMW Knew About Risky Defect, Complaint Says
BMW has “long been aware” of the cup holder defect that places drivers, occupants and others on the road at “increased risk of accident, injury or death,” according to the complaint. The complaint claims that prerelease testing data, durability testing, aggregate data from BMW dealers and other internal BMW sources point to the company’s knowledge of the defect.
Numerous customer complaints about the cup holder defect were also allegedly posted on BMW-enthusiast websites and owner message boards and filed with the National Highway Traffic Safety Administration and BMW NA’s Customer Relation and Services Department.
BMW regularly monitors these complaint streams, but “consciously disregarded the rights and safety” of its customers and the general public and “routinely refused to properly repair” the affected vehicles, the complaint says.
The class action seeks compensatory and punitive damages, an order directing BMW to cease its alleged behavior in the complaint and a program to provide refunds, repairs and/or restitution to the class.
Do you own a BMW with a leaky cup holder? What has your experience been like? Tell us about it below!
The plaintiff is represented by Hovanes Margarian of The Margarian Law Firm.
The BMW Cup Holder Defect Class Action Lawsuit is Brightk Consulting Inc. v. BMW of North America, LLC, et al., Case No. 8:21-cv-02063, in the US District Court for the Central District of California.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- GM Engine Defect Causes ‘Improperly High’ Oil Use, Says Class Action Lawsuit
- Dodge, Jeep Transmission Defect Hidden From Drivers, Says Class Action
- Auto Recalls: Jaguars, Land Rovers, Jeep Wranglers, Subaru Recalled, Study Finds Some Chevy Bolt Owners Risking Battery Fire
- There are a lot more auto recalls than there used to be. Here’s why.
35 thoughts onClass Action Claims Leaky BMW Cup Holders Damage Airbags
Have a 2022 X5 M and had the same issue. $3500 out of pocket,no warranty or dealer support.
Add me please!!!! Im facing the same situation $2,079 bill, not cover by the warranty
I bought a 2020 X7 40i in august of 2022. About a month later a notification on my screen popped up “restraint system malfunction” I took it in to the dealership bmw in Orlando park and they said they couldn’t figure out the issue but managed to remove the notification. I have noticed on the 12 v charging port by the cup holders there’s a bit of rust build up so I’m assuming it was from a previous owner. I didn’t think much of it since they managed to remove the notification. Earlier this week, the notification popped up on my screen again. Now I’m infuriated and I found out about this class action lawsuit from a bmw x7 group on Facebook. No one at the dealership told me about this when I purchased the vehicle.
My bmw 430i coolant is leaking and they want to charge me 2500